Attorney General Holder has sent this letter to Senators Reid and McConnell, objecting to the GTMO-transfer restrictions in the pending Continuing Resolution bill as an "extreme and risky encroachment on...

Yesterday, Lyle Denniston posted a recap of all eight currently pending detainee cert. petitions over at SCOTUSblog. Three of those eight cover what we might call transfer and release issues. Petitioners...

Reacting to the decision yesterday in al-Aulaqi, Human Rights Watch has sent a letter to President Obama, in the name of HRW’s President Kenneth Roth, setting forth HRW’s views on the legal issues associ...

A while back, Jeff Rosen and I started a project at Brookings trying to imagine areas in which technology threatens to render constitutional principles or values obsolete and how judges, legislators, and...

Well, this no doubt will contribute the burgeoning conversation about the pros and cons of sting operations. The criminal complaint is here.  From the press release: BALTIMORE - Antonio Martinez, aka  Mu...

Rounding out the public merits briefs in Uthman v. Obama, yesterday the government's public reply brief became available.  Below we link to that brief, the other two public merits briefs, and Judge Henry...

(hat tip: Charlie Dunlap)  OFAC has issued a final rule amending the TSR and GTSR sanction regimes to expand the options for designated entities to pay for certain legal services.  Presumably this is at ...

[Update: Josh Gerstein at Politico reports that the White House has now expressed its opposition at least to section 1116, raising a question as to whether this will sail through easily after all.] Jack...

Five thoughts on Judge Bates' Al Aulaqi decision: First, as far as I'm concerned, there is really only one surprising thing about the decision, whose holdings any Lawfare reader could have anticipated r...

Earlier this year Congress required the DNI to make publicly available unclassified summaries of information about the recidivism of released GTMO detainees as well as an assessment of such detainees’ li...

Judge Bates wrote a solid, careful, and in my view persuasive opinion in al-Aulaqi.  The opinion is clearly a victory for the government.  But it was not without small victories for ACLU, CCR, and others...

Don't have time to read the 83-page opinion in Al-Aulaqi?  Here are the key points in outline format, sans commentary: I. Does Al-Aulaqi’s father have standing to assert his interests? A.

I wonder how many media outlets that misleadingly made the government's invocation of the state secrets privilege the central feature of their coverage of its arguments will eat crow in light of Judge Ba...

Jacob Bronsther, a third-year student at NYU Law School, who spent time as a Fulbright Scholar studying the the Muslim community in Mauritius, sent Brig. Gen. Mark Martins comments on his guest posts, wh...

I met Adam Klein, then a first year law student, sometime back, when his professor, Matthew Waxman, sent him my way. Matt had suggested that Adam work with me for his 1L summer and told me he was excepti...

We are very pleased to present this guest post by Professor Tom Nachbar, who teaches antitrust, communications law, and constitutional law at the University of Virginia. Tom is also an Army Reserve judge...

Senators Joseph Lieberman, John Ensign, and Scott Brown have introduced a bill to amend the Espionage Act in order to facilitate the prosecution of folks like Wikileaks. The bill is confusingly called th...